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J6 rioter loses terrorism enhancement but previous guy won't get even 87-108 months [1]

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Date: 2022-08-01

Darn that equal justice under law in a democracy. Maybe the plotters won’t do as well.

x The lowest end of this would be 2 years longer than the longest Jan. 6 sentence to date. Guy Reffitt's attorney will now argue for a downward variance to 24 months. https://t.co/skFoQgVX0K — Jordan Fischer (@JordanOnRecord) August 1, 2022

x AUSA Nestler says Guy Reffitt is responsible for four firearms: the two pistols he and Rocky Hardie carried onto Capitol grounds and the two fully assembled AR-15s they kept stored at the hotel in Georgetown. — Jordan Fischer (@JordanOnRecord) August 1, 2022

The Three Percenters recruiter, the first Jan. 6 defendant convicted at trial, was found guilty of leading a charge while armed that led to first break-in at the U.S. Capitol and also of threatening his son.

The first U.S. Capitol riot defendant convicted at trial faces sentencing Monday with prosecutors asking a judge for a 15-year-prison term, by far the longest sentence sought to date in a case related to the Jan. 6, 2021, attack on Congress.

The request for Guy Reffitt, a recruiter for the extremist Three Percenters movement who led a mob at the Capitol, is roughly one-third longer than the nine to 11 years recommended under advisory federal guidelines. Prosecutors say the stiff punishment is warranted, following up for the first time on threats to request an enhanced terrorism sentencing penalty for defendants who reject plea deals.

Reffitt was convicted March 8 of five felony offenses, including obstruction of Congress as it met to certify the 2020 election result, interfering with police and carrying a firearm to a riot, and threatening his teenage son, who turned him in to the FBI.

The defense for Reffitt, a 49-year-old former oil industry rig manager, asked for a below-guidelines sentence of two years in prison. Attorney F. Clinton Broden said in a filing that his client committed no violence and has no criminal history, yet prosecutors are seeking far more time for him than for defendants who have pleaded guilty to assaulting police. [...] “Reffitt sought not just to stop Congress, but also to physically attack, remove, and replace the legislators who were serving in Congress,” prosecutors wrote. They called his conduct “a quintessential example of an intent to both influence and retaliate against government conduct through intimidation or coercion” and said it reflected the statutory definition of terrorist violence that is subject to harsher punishment. www.washingtonpost.com/...

x Good morning. I'm at D.C. District Court where, in a few minutes, the sentencing for Texas Three Percenter Guy Reffitt will begin. The DOJ will argue Reffitt should be the first Jan. 6 defendant to receive a terrorism enhancement. Follow for live coverage. https://t.co/bBuAXGgh3W — Jordan Fischer (@JordanOnRecord) August 1, 2022

x The counterpoint from the government here is that there's a lot more evidence of pre-planning in Guy Reffitt's case than there was in, say, Robert Scott Palmer's case. Reffitt also brought a gun and was wearing body armor, as opposed to the guy in the "TRUMP" flag sweatshirt. https://t.co/DLJhfXzFag — Ryan J. Reilly (@ryanjreilly) August 1, 2022

While discussing the latest moves that federal prosecutors are making in their grand jury investigation of the January 6 Capitol riots, CNN’s Jim Acosta asked Paul Rosenzweig about past statements he'd made about the United States Department of Justice accelerating its investigation of Trump if he made an announcement of running for president.

"I think Trump has it exactly backwards," he said. "He thinks if he runs, that will deter prosecution. But in reality... something like Ford's pardon of Nixon brought was premised on Nixon's agreement to fade from the public scene. Same with Bill Clinton. By remaining on the political scene, Trump makes it more likely, rather than less likely, if there's evidence of criminality, the justice department will be compelled to bring the charges."

www.rawstory.com/...

x Josh Klein: Can we compare America with pre-Hitler Germany?



"Nazism was a movement comprised predominantly of conservative Christians."

Sound familiar?https://t.co/VzCcVKFdkN — McSpocky™ 🌊🌊🌊 (@mcspocky) August 1, 2022

x What happened to @GOP under Trump isn’t complicated or novel. A gangster family took over an organization and turned it into a criminal enterprise. But instead of this being a waste disposal company in NJ, it’s one of two major American parties. https://t.co/DyfT1G5dPT — stuart stevens (@stuartpstevens) August 1, 2022

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[1] Url: https://www.dailykos.com/stories/2022/8/1/2113861/-J6-rioter-loses-terrorism-enhancement-but-previous-guy-won-t-get-even-87-108-months

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